BFS Botany Pty Ltd

[2020] FWCA 1705

[2020] FWCA 1705

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

BFS Botany Pty Ltd
(AG2019/5170)

BIDFOOD PORT BOTANY - ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 31 MARCH 2020

Application for variation of the Bidfood Port Botany - Enterprise Agreement 2017.

[1] Application has been made by BFS Botany Pty Ltd for approval of a variation to the Bidfood Port Botany - Enterprise Agreement 2017 (the Agreement).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] BFS Botany Pty Ltd has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[4] With the undertakings referred to above, on the basis of the material contained in the application and accompanying statutory declaration, as well as submissions made in the hearing of this matter on 10 March 2020, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 19 October 2017. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 31 March 2020.

COMMISSIONER

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